How do I clear a bench warrant for a case that was supposed to run concurrent with with my jail time?

Asked 9 months ago - Los Angeles, CA

The probation department told me that I have a bench warrant in LAX court. it was for a petty theft in which I was sentenced to 30 days of cal-trans.
When I was sentenced the 30 days at LAX I had already received a sentence of 180 days cal-trans for a similar case in Beverly Hills.

LAX was aware of the Beverly Hills case, and gave me a date to report back once I completed my cal-trans. BUT, Beverly Hills court locked me up for not completing the 180 days cal-trans. I was in jail for 2 months but I was clear and free of cal-trans upon my release. My LAX court date (progress report) came and went while I was OUT of custody, I assumed that my Beverly Hills jail time would cancel out my LAX cal-trans. What documents must I bring to LAX to avoid being jailed on the spot?

Attorney answers (5)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You assumed wrong. The LAX Court told that they were not going to run concurrent. You need to bring an attorney and hopefully get back into Cal Transfer program.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  2. Christopher Coppola

    Contributor Level 12

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Have your atty communicate with the prosecutor. These things happen and a quick call from your atty may resolve the issue. If not, then your lawyer could file a motion requesting the appropriate relief and asking for a hearing if necessary. Good luck.

  3. Brian Russell Michaels

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Your Beverly Hills case will not get rid of your LAX commitments. If you have proof you were in custody that wouldnt be a bad move. However, being in jail isnt a great excuse to give a Judge and you could go in again. Best you go to court with an attorney. LAX is my home court if we can help.

    Brian Michaels
    Los Angeles Criminal Defense Attorney
    www.socalcrimdefense.com
    3109919179

  4. Jeremy C Wen

    Contributor Level 10

    2

    Lawyers agree

    Answered . I do not see anything in your post that actually indicates that the court actually meant for your CalTrans to run concurrently. In either case, you should not assume that your CalTrans obligations out of LAX would be satisfied by the custody you did for your Beverly Hills case.

    Best thing to do if you want to make sure you aren't immediately taken into custody is to have an attorney appear for you to have the bench warrant withdrawn and maybe reinstate your LAX CalTrans obligation. Either way, if you have a court date, you need to go. Do not assume that it has been taken care of; even if it has, the court still needs a progress report from you.

    Nothing said here shall be construed as legal advice. I can not effectively advise about your case without knowing... more
  5. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . It sounds like you're primarily interested in staying out of custody. If that's the case, you'll need to have the bench warrant recalled at LAX and hope that they'll let you do your 30 day CalTrans sentence. You can have an attorney appear with you (maybe even appear for you) and you will have a better chance at avoiding jail. Another option would be to convert the 30 days into jail time. As long as the jail sentence is below 90 days, you'll do just a few days of actual custody. Might be worth considering as opposed to 30+ days of CalTrans.

    Best,

    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com
    Sunset Law Building | 1295 W Sunset Blvd
    Los Angeles, CA | 90026

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